Sponsorship struggles

[riss 12]

Hi Everyone,

I'm just hoping someone can help me out here! My fiancé was made redundant about six weeks ago. We received our NOA1 in late February and so it's now been four months. I'm so pleased that we're getting closer to our NOA2, but what do I do now that he has no income? I've been posting questions about what to do as far as a co-sponsor, etc. on the main forum, and googling intensely, lol, but not quite finding enough information to know how to proceed. L has no family he could ask to sponsor me for the I-134, but does have some good friends who would. But how likely is it that this will be sufficient? As for myself, I have part ownership of the house I'm living in at the moment with my ex-partner. I've read that sometimes the overseas fiancé's financial resources will be considered. I'm just not really sure what to do! I'm starting to think I should consult a lawyer, but finances aren't fantastic at the moment and I'd hoped to manage this myself.

L could start applying for all kinds of jobs, outside of his actual skills/occupation, just for the sake of having something, to get our visa application through. But I'd hate for him to have to do that if it's not necessary and we can get this through without that. It'd be much better if he could search for the right job and take as long as he needs. He might in the meantime also be able to have some freelance work, which would provide us with some paystubs, but I'm not sure whether that would be considered a regular income as he can't know how much work there would be in a year.

I'd also heard that some embassies - the UK in particular - allow 'self-sponsoring' and the overseas fiancé would simply show that they had enough money to live for a certain number of months. Does anybody know how that works for Australia?

Thanks for reading all this and I'd appreciate any advice at all!

Riss

Edited June 28, 2012 by riss

[VanessaTony 3,567]

Australia accepts co-sponsors no problem. Only requirements are LPR or USC and need to live in the US (US income). Doesn't matter whether friend or relative.

You can use your ASSETS to help qualify but seeing you have friends that are willing to help I would ask the one with the smallest household count and largest income. Assuming you ask a single friend, no kids, they will need to earn just under $19K (need to support you and themselves). Your fiance would still need to submit an I-134 for himself, but the co-sponsors I-134 and income will be used instead of your fiance's.

It'll be fine

[riss 12]

Vanessa, thanks so much for your response. I've been getting all concerned because people have been saying that you need a family member instead of a friend, freelance income may not be adequate, especially when there isn't enough of a record of it to establish an annual income, etc. I read about a couple, Dave and Shannon, one of whom was from Australia, who were told that their I-134 from a friend wasn't adequate and had to go away and bring one from a family member. Yet otherwise I get the general idea that friends can be used. Have you seen many people come through who used friends as cosponsors and went through alright?

At this stage I'm starting to think that it might be best for me to use a lawyer, as stressful as I find that financially. It would've been fine if L had still been at his old job, but this is all so complicated now. I'm frustrated/torn because it seems like we would have had a pretty good case and might well have made it through anyway without trouble. But I hate all the 'what-if's' and the tension it's causing me from not having anything clearly stating that our circumstances will be acceptable. I'm worried our case will be rejected or in all the confusion if we get delayed I may end up missing some cut off date and have to start all over again as some people here have. Yike! I don't want to spend a few thousand dollars on legal fees, I had really thought I could do this myself, but I just feel like I'm floundering now that our case doesn't fit into the standard guidelines anymore.

Riss

Edited June 30, 2012 by riss

[Travis and Meghan 24]

Try not to stress out too much. I know how hard it is but you'll get through it eventually If you're worried about it then maybe email the consulate, explain and ask if it's okay? I don't know if you could do this before NOA2 etc but you definitely could once they have your file.

[VanessaTony 3,567]

Vanessa, thanks so much for your response. I've been getting all concerned because people have been saying that you need a family member instead of a friend, freelance income may not be adequate, especially when there isn't enough of a record of it to establish an annual income, etc. I read about a couple, Dave and Shannon, one of whom was from Australia, who were told that their I-134 from a friend wasn't adequate and had to go away and bring one from a family member. Yet otherwise I get the general idea that friends can be used. Have you seen many people come through who used friends as cosponsors and went through alright?

At this stage I'm starting to think that it might be best for me to use a lawyer, as stressful as I find that financially. It would've been fine if L had still been at his old job, but this is all so complicated now. I'm frustrated/torn because it seems like we would have had a pretty good case and might well have made it through anyway without trouble. But I hate all the 'what-if's' and the tension it's causing me from not having anything clearly stating that our circumstances will be acceptable. I'm worried our case will be rejected or in all the confusion if we get delayed I may end up missing some cut off date and have to start all over again as some people here have. Yike! I don't want to spend a few thousand dollars on legal fees, I had really thought I could do this myself, but I just feel like I'm floundering now that our case doesn't fit into the standard guidelines anymore.

I can't say I've ever heard of a co-sponsor rejection in Australia but I found the pot you were talking about here: http://www.visajourney.com/forums/topic/325725-co-sponsor/page__view__findpost__p__4894107

Okay so a way to combat that is to have your friend complete an I-864 as well. If they say no to the I-134 from a friend he can then present the I-864 from his friend. I really think you'll be fine with the I-134 but the I-864 should get over any bumps. Its not your, or his, fault that he doesn't have family able to assist so hopefully explaining that will help.

A lawyer won't help you beat the financial issues. A lawyer will just take your money so I wouldn't waste my time. But if that's what you want to do that is your right of course.

I really truly would try and take a calm breath. It's really not as hard as some people make it seem. ONLY read Australia specific info if you're starting to freak out because some countries have a much much harder time than others. Australia is one of the easiest. If you want to use your Australian assets you are permitted but at the K1 stage it's not as huge a deal as it is for the AOS stage.

Hopefully your fiance is able to find a job asap that will make life easier. Otherwise use the co-sponsor info as well as your fiance's info (bank account info etc) and a prior tax return showing income. That should help them see that he's normally earning well but with the economy hit a small hurdle. It WILL be okay. If in doubt msg us here and we can talk you through it.

[riss 12]

Hey Travis/Meghan, and Vanessa, thank you so much. You guys are so lovely.

I guess you can tell I'm a little overwrought at the moment . I know, I've just been getting into a bit of a panic about things and imagining all kinds of awful scenarios, and I realise it's not at all the way to do this. I really appreciate your support and kind thoughts. I guess I should've come here to start with but I was asking all my questions on the main forum and nobody really had much advice. I realise now that Australia is very much its own kettle of fish. Vanessa I just read your story of your interview day and it made me smile. It's just good to know that they are human and reasonable about things like being willing to reschedule for you and so on. Dave/Shannon replied to a pm I sent them, too, and said that even though they were asked to get another sponsor, it was a simple matter of getting the new sponsor and emailing their agreement through to the consulate, then they were approved.

I just wanted to say thank you for the suggestions and ideas, the i-864 sounds like a smart way to go, and I probably will try emailing the consulate when I get my NOA2. I'm going to take a few days to try and calm down a bit and get myself a little more sensible, and then I'll probably come back with more questions if you guys don't mind going over them with me. I think I'll also try going through a bunch of the reviews/profiles from other Aussies and see if I can find more stories from other people who used cosponsors or self-sponsoring/assets.

Riss